Is Delta-8 legal in Colorado?

Hemp-derived Delta-8 THC is arguably legal in Colorado, a leading state in CBD manufacturing. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which simply means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when cannabinoids are consumed, they have an effect our human endocannabinoid system. The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that influence the cannabinoid receptors throughout the human body.

The endocannabinoid system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1].

Delta-8 is a very popular THC product used for therapeutic and personal needs. It is considered an intoxicating cannabinoid, though it has less potent effects than Delta-9. In some states legislators understand its benefits and are onboard with Delta-8. Other states have been less clear but are coming around. Colorado embraces adult recreational and medical marijuana, and is a major manufacturer of both hemp products plant hemp-derived CBD products, so none of these are under controlled substances.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all naturally occurring cannabinoids, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.

The molecule that makes these three types of THC is very similar, chemically speaking. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth carbon chain. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels. All three are naturally occurring cannabinoids and have a similar chemical structure.

What does “hemp-derived” mean?

Hemp derived products means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in many inhalable, edible, and topical products. Hemp derived products have been increasingly popular over the past few years as federal law has changed their stance on hemp products via the Farm Bill. The CBD industry has never been the same.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?

The Farm Bill made hemp federally legal, and Delta-8 made from hemp, in the United States. For many years in the United States, cannabis was illegal by the federal government whether or not it contained THC, which comes from the cannabis plant. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. This changed the dea rules (or drug enforcement administration) from having hemp derived cbd products, considered controlled substances and federally illegal, to being legal with a dry weight limit on Delta-9 THC.

It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and made it federally legal all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of marijuana. Marijuana has the same meaning as cannabis.

The Farm Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third party tested hemp.

How do you buy high quality Delta-8?

You should always buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. Poor processing of Delta-8 may lead to degradation of the compound, inaccurate potency, or harmful by-products.

So the processing standards of Delta-8 THC are critical for its quality, safety and legality. Look for companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals or pesticides.

For trust and reliability, producers should use third-party lab testing and publish the results. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party test results for each and every product, including all strains of premium Delta-8 THC Pre-Rolls

Where is Delta-8 THC legal?

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their borders. It’s confusing for Americans but is our current situation.

Learn about all 50 states in our related article: Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Colorado

Delta-8 isn’t available in marijuana dispensaries, but there are hundreds of CBD dispensaries and other retailers like Discover CBD in Colorado sell Delta-8 as it is legal in Colorado. Remember that you can always use the convenience of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, tinctures and vapes. Satisfaction guaranteed!

Delta-8: Is it legal in Colorado?

Colorado’s lawmakers passed a medical marijuana program that began in 2000 [2], and the state passed Amendment 64 in 2012, legalizing recreational marijuana. This means people over 21 may have up to 2 ounces of it [3].

Despite the early adoption of medical and recreational marijuana, Colorado is slower with specific cannabinoids, at least within the state’s Marijuana Enforcement Division (MED). In 2021, a letter from the Department of Public Health & Environment (i.e. the Colorado Health Department) issued a statement to hemp program participants restating MED’s position that modifying or converting cannabinoids from hemp is not compliant with the state’s hemp program [4].

While this limits what MED licensees can do, it doesn’t seem to be concerned with possession or consumption of Delta-8. It also appears to be in opposition to the Farm Bill’s allowance of all hemp and hemp-derivatives with less than .3% Delta-9 THC in all hemp extracts and industrial hemp product, which is how Colorado defines hemp [5] as it’s legal definition.

Colorado is one of the founding CBD Hemp states and continues to be a leader in growing, extracting, and producing hemp and hemp-derived cannabinoids like Delta-8. More clarity from the state regarding hemp-derived cannabinoids would be helpful, but it appears that Delta-8 is firmly entrenched in Colorado.

Final thoughts on Delta-8 in Colorado

Hemp-derived Delta-8 THC is arguably legal in Colorado like marijuana concentrate, hemp derived thc isomers, and recreational marijuana. Since the state’s Marijuana Enforcement Division stance on Delta-8 may make it hard to find, ordering online might be the best solution. You’ll love Earthy Select’s premium Delta-8 products and we ship to all 50 states!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

How long will Delta-8 stay in your system?

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

How can I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ).

Is there a difference between Delta-8, Delta-9, and Delta-10?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.

In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.

Is it legal to send Delta-8 through the mail?

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

Does Delta-8 get you super high?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

Do you have to have a CoA?

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. It is not always required but is an important way to be aware of what you are purchasing.

What are the effects of Delta-8?

When using Delta-8, Delta-9, and Delta-10 THC products, users report feelings of relaxation, euphoria, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products.

The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

How safe is Delta-8?

Delta-8 is safe when it is produced with proper and safe practices. Purchase from reputable producers like Earthy Select, and look for a product’s COA. A certificate of analysis (COA) is a document attesting to a product’s laboratory analysis and testing for cannabinoids and adulterants.

Will Delta-8 show up on a drug test?

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking a drug test, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.